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WASIM SADIQ NARGAL
Radha Sharma – Appellant
Versus
State of J&K – Respondent
| Table of Content |
|---|
| 1. petitioner seeks compensation for negligence leading to death. (Para 1 , 2 , 3 , 4 , 5) |
| 2. arguments presented regarding negligence and compensation claims. (Para 6 , 7 , 8 , 9) |
| 3. court analyzes liability under relevant laws and principles. (Para 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19) |
| 4. application of strict liability for hazardous activities discussed. (Para 20 , 21 , 22 , 23 , 24 , 25 , 26 , 27 , 28) |
| 5. court determines maintainability of the compensation claim. (Para 29 , 30) |
| 6. court concludes on compensation amount awarded. (Para 32 , 33 , 34 , 35 , 36) |
JUDGMENT :
Wasim Sadiq Nargal, J.
Gist
1. This writ petition is filed by the Petitioner seeking an appropriate writ of mandamus directing Respondents to pay a compensation of Rs. 20 Lacs along with interest to the petitioner.
Primary Facts
2. The case of the petitioner is that her son, Vishal Sharma lost his life due to electrocution when exposed to live electric wire hanging between the poles at the height of 3 to 4 ft. from the ground. This Act was totally attributable to the negligence of the Responde
The court confirmed that governmental entities can be held strictly liable for damages resulting from negligence in maintaining public safety regarding hazardous activities, including electricity sup....
The main legal point established in the judgment is the principle of strict liability, holding the respondents absolutely liable to compensate for the death caused by their negligence in maintaining ....
Electricity providers are strictly liable for accidents caused by negligence in maintaining infrastructure, with compensation calculated based on the deceased's earnings and family dependency.
The principle of strict liability applies to cases involving the negligence of the electricity department in maintaining electric lines, making the department absolutely liable to compensate the vict....
The court held that the respondents' gross negligence in failing to provide safety measures around the transformer led to the electrocution of a minor, warranting compensation for the victim's injuri....
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